# C_2021163EN.01000601.xml

| 3.5.2021 | EN | Official Journal of the European Union | C 163/6 |
| --- | --- | --- | --- |

3.5.2021

EN

Official Journal of the European Union

C 163/6

---

Judgment of the Court (Second Chamber) of 4 March 2021 (request for a preliminary ruling from the Vänersborgs tingsrätt, mark- och miljödomstolen — Sweden) — Föreningen Skydda Skogen (C-473/19), Naturskyddsföreningen i Härryda, Göteborgs Ornitologiska Förening (C-474/19) v Länsstyrelsen i Västra Götalands län, B.A.B. (C-473/19), U.T.B. (C-474/19)

(Joined Cases C-473/19 and C-474/19) (1)

(Reference for a preliminary ruling - Environment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Article 12(1) - Directive 2009/147/EC - Conservation of wild birds - Article 5 - Forestry - Prohibitions intended to ensure the conservation of protected species - Plan for final felling of trees - Site hosting protected species)

(2021/C 163/07)

Language of the case: Swedish

Referring court

Vänersborgs tingsrätt, mark- och miljödomstolen

Parties to the main proceedings

Applicants: Föreningen Skydda Skogen (C-473/19), Naturskyddsföreningen i Härryda, Göteborgs Ornitologiska Förening (C-474/19)

Defendants: Länsstyrelsen i Västra Götalands län, B.A.B. (C-473/19), U.T.B. (C-474/19)

Operative part of the judgment

| 1. | Article 5 of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds must be interpreted as precluding a national practice whereby the prohibitions laid down in that provision cover only the species which are listed in Annex I to that directive, those which are at some level at risk or those which are suffering a long-term decline in population; |
| --- | --- |

1.

Article 5 of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds must be interpreted as precluding a national practice whereby the prohibitions laid down in that provision cover only the species which are listed in Annex I to that directive, those which are at some level at risk or those which are suffering a long-term decline in population;

| 2. | Article 12(1)(a) to (c) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that, first, it precludes a national practice whereby, should the purpose of a human activity, such as forestry work or land development, be manifestly different from the killing or disturbance of animal species, the prohibitions laid down in that provision apply only in the event of a risk of adverse effects on the conservation status of the species concerned and, secondly, the protection afforded by that provision does not cease to apply to species which have achieved a favourable conservation status; |
| --- | --- |

2.

Article 12(1)(a) to (c) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that, first, it precludes a national practice whereby, should the purpose of a human activity, such as forestry work or land development, be manifestly different from the killing or disturbance of animal species, the prohibitions laid down in that provision apply only in the event of a risk of adverse effects on the conservation status of the species concerned and, secondly, the protection afforded by that provision does not cease to apply to species which have achieved a favourable conservation status;

| 3. | Article 12(1)(d) of Directive 92/43 must be interpreted as precluding a national practice whereby, if the continuous ecological functionality of the natural habitat of the species concerned in a particular area is, in spite of precautionary measures, lost by harm, destruction or deterioration, whether directly or indirectly, by the effect of the activity at issue, taken individually or cumulatively with others, the prohibition laid down in that provision is applied only if the conservation status of the species concerned is likely to deteriorate. |
| --- | --- |

3.

Article 12(1)(d) of Directive 92/43 must be interpreted as precluding a national practice whereby, if the continuous ecological functionality of the natural habitat of the species concerned in a particular area is, in spite of precautionary measures, lost by harm, destruction or deterioration, whether directly or indirectly, by the effect of the activity at issue, taken individually or cumulatively with others, the prohibition laid down in that provision is applied only if the conservation status of the species concerned is likely to deteriorate.

---

(1)  OJ C 288, 26.8.2019.

---